Trump Plans to Avoid an RBG Scenario with More Conservative Supreme Court Picks

Potential Supreme Court Picks

Donald Trump’s team is reportedly considering several highly conservative judges who could potentially be nominated to the Supreme Court if the opportunity arises. These candidates include Andrew Oldham and James Ho, both of whom serve on the Fifth Circuit Appeals Court, Amal Thapar from the Sixth Circuit Appeals Court, and Neomi Rao from the D.C. Circuit Appeals Court.

Although there are currently no vacancies on the Supreme Court, justices such as Clarence Thomas, 77, and Samuel Alito, 75, may consider retirement in the coming years. Both have served on the court for several decades, and their potential departure could create an opening for a new nominee.

A White House official recently told Time magazine that the administration is looking for individuals who align with the ideologies of Justices Alito, Thomas, and the late Antonin Scalia. However, the official also noted that it is still “premature” to assume the White House is actively preparing for a vacancy. No justices have publicly indicated they are planning to retire soon.

When the opportunity does arise, the White House aims to have a ready list of judges for the president to choose from. This strategy is intended to streamline the nomination process, avoiding the contentious confirmation hearings experienced by Justice Brett Kavanaugh. It could also allow for a swift Senate vote, enabling Trump to add another conservative ally to the court regardless of timing. This approach mirrors how he appointed Justice Amy Coney Barrett in 2020 following the death of Justice Ruth Bader Ginsburg.

Key Candidates

Andrew Oldham, a judge on the Fifth Circuit, previously clerked for Justice Alito and worked as general counsel to Texas Governor Greg Abbott. He has issued controversial opinions that have been reversed by the Supreme Court. For instance, he wrote an opinion upholding a Texas law that allowed regulation of social media content, which was later overturned. He also authored a concurring opinion in a case involving “ghost guns,” which were struck down by the Supreme Court.

James Ho, also on the Fifth Circuit, has a history of issuing opinions that support restrictions on immigration. He recently criticized lower court judges for not allowing the president to use the Alien Enemies Act to deport Venezuelan immigrants accused of gang activity.

Amal Thapar, a judge on the Sixth Circuit, has expressed conservative views, including stating that Roe v. Wade was “wrong.” He has also advocated for teaching more originalism in law schools and encouraged donors to withhold funding unless schools show a commitment to intellectual diversity.

Neomi Rao, a judge on the D.C. Circuit, has drawn attention for her critiques of sexual assault allegations and affirmative action. She also ruled in favor of the Trump administration in a case that barred an Associated Press journalist from accessing the White House.

Background and Considerations

Thapar was reportedly on Trump’s shortlist for a Supreme Court nomination in 2018 when Justice Anthony Kennedy retired. However, Trump ultimately chose Justice Kavanaugh.

The White House official emphasized that Trump will make the final decision on any Supreme Court nominee when the time comes. The selection process aims to ensure a smooth transition and maintain a strong conservative presence on the court.